First-Citizens Bank & Trust Co. v. Akelaitis

MARTIN, Judge.

Under Rule 12 (f), Rules of Civil Procedure, the trial court may order stricken from any pleading any insufficient defense or any redundant, irrelevant, immaterial, impertinent, or scandalous matter. “As the motion to dismiss under 12(b) (6) is the device to test the fundamental sufficiency of a complaint, so the motion to strike under Rule 12(f) is the device to test the legal sufficiency of an affirmative defense.” 1 McIntosh, N. C. Practice and Procedure, § 970.65 (Phillips Supp. 1970). The trial court has ordered stricken from the answer defendant’s second through his…